Will a Deposition be Necessary for My Florida Divorce?
Litigating a divorce involves multiple phases, one of which is known as discovery. This is the stage of divorce proceedings in which couples and their attorneys try to collect evidence and if requested, share it with the other side. Taking depositions is a common aspect of this process and involves both parties’ attorneys asking questions of witnesses, experts, and other interested parties. This testimony is documented by a court reporter and can later be used in court when presenting evidence to the judge.
While depositions can help divorcing parties gather more details that could play a role in their divorce proceedings, they can also be intensive, time-consuming, and expensive. If you have questions about the necessity of a deposition in your own case, please reach out to an experienced Fort Lauderdale divorce lawyer who can assess your case and advise you accordingly.
What Happens During a Deposition?
When in a deposition, the parties involved will be asked a series of questions that are similar to what would be asked at trial and are meant to address disputed issues. Both spouse’s attorneys can object to questions posed by the other, but the parties being questioned will still be required to respond. Later, a judge can officially address the objections. Because they must respond and are given little time to falsify their answers, depositions are one of the best ways to obtain accurate information. Furthermore, those participating in a deposition are placed under oath, which means that the answers they give must be accurate.
The Benefits of Deposition
One of the main purposes of the divorce deposition is to determine the basis for each spouse’s claims. This information can then help the attorneys decide whether settlement negotiations are an option, or if a case will need to go to trial. Furthermore, the information provided during a divorce deposition can also be used as evidence if the case goes to trial.
When Will Depositions be Necessary?
Every divorce is unique, which can make it difficult to determine whether depositions will be a necessary part of discovery. Some aspects of a divorce, for instance, could require depositions, while others may not be necessary at all. While each case is different, there are a few cases where depositions regularly prove essential to divorce proceedings. If, for instance, one of the spouses fails to provide full or accurate information when asked to produce certain information, an attorney can use a deposition to gather these details.
Another common scenario where depositions may be necessary is when multiple experts are offering differing opinions. Depositions give the parties the opportunity to receive a full explanation and analysis of the issue in question, directly from the other spouse’s expert. A deposition can also provide an attorney with a clearer picture of the expert’s qualifications and overall analysis, both of which can prove crucial to the resolution of a divorce.
Fort Lauderdale Divorce Lawyer
To learn more about whether a deposition will add value to your case, please call experienced divorce lawyer Sandra Bonfiglio, P.A. at 954-945-7591 or send us an online message today.